If an 80,000-pound semi truck collides with your roughly 5,000-pound vehicle, you are likely to suffer a serious bodily injury. Even worse, someone in your car, pickup or SUV may die in the accident. After all, about 5,000 Americans die in truck accidents annually.
Naturally, if the truck’s driver causes the crash, he or she may be financially responsible for your personal injury or wrongful death claim. Because truckers often have limited assets, however, you may also want to take legal action against the trucking company.
The element of causation
To succeed with any negligence claim, you must prove the following four elements:
- Duty
- Breach
- Causation
- Damages
Just like truck drivers, trucking companies have a duty to keep the public safe from injuries. They may breach this duty when a serious accident occurs. If you have catastrophic injuries or someone you love dies in the crash, you undoubtedly have considerable damages. This leaves you with the causation element to address.
The trucking company’s fault
Because the driver is behind the wheel at the time of the crash, the trucking company may seem not to have played a role in it. This is probably not true, however.
In fact, trucking companies often provide driver training. They also maintain their fleets and establish driving protocols drivers must follow. Put simply, if the trucking company fails to act reasonably, it may be partly or even mostly to blame for the crash.
The medical bills and other expenses you must pay after a truck accident are likely to be exceedingly high. Ultimately, if you can prove the trucking company has legal responsibility for the accident and your injuries, you may be eligible for a substantial financial settlement.